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Mir v. Pomona Valley Hospital Medical Center2/24/2003
pital's actions, Mir filed two complaints in the trial court approximately five and one-half months apart. The trial court sustained Pomona Hospital's demurrer to the amended first complaint and granted Pomona Hospital's motion to strike the second complaint. The trial court then found that Pomona Hospital's motion to declare Mir a vexatious litigant was moot and placed the motion off calendar.
A. THE FIRST CASE (BC240730)
1. The Initial Complaint
In propria persona, Mir filed his first complaint for injunctive relief on November 4, 2000. He denominated his causes of action as (1) "Illegal Summary Suspension," (2) "Injunction for Denial of Fair Procedure," and (3) "Injunctive Relief to Prevent Multiplicity of Hospital Actions." In this complaint, Mir requested that the trial court enjoin Pomona Hospital from maintaining its suspension of his privileges, from continuing his suspension from the trauma panel, and from reporting his suspensions to the Medical Board of California or to the "National Practitioner Date Bank." The complaint also asked the court to stay any investigations, corrective actions or hearings by Pomona Hospital concerning Mir's professional performance. Mir also pleaded that he was seeking to enjoin "a multiplicity of actions by [Pomona Hospital] . . . during the pendency of San Antonio Hospital action" and to enjoin Pomona Hospital from "proceeding with this action" (apparently meaning Pomona Hospital's administrative action) until the San Antonio Hospital proceedings become final, including exhaustion of all judicial remedies."
Mir also alleged that issues being raised at San Antonio Hospital are unreasonable, frivolous, and designed to intimidate him and to eliminate him from competition. He asserted that in August 2000 he contracted with Inland Global, IPA, to provide medical services and that this contract involves "50,000 lives and 5,000 senior members." He further asserted that this contract was formerly held by other members of the San Antonio medical staff.
This complaint alleged that Mir is licensed to practice medicine in California and has been "Board Certified by the American Board of Surgery since 1970 and recertified by the American Board of Thoracic Surgery in 1993." As to his first cause of action, Mir stated that Pomona Hospital summarily suspended his vascular surgery privileges on November 13, 2000, "`effective immediately'" and also suspended him from the trauma panel. Mir alleged that summary suspension was defective because Pomona Hospital did not properly give notice or factually establish that there was "imminent danger to the health of any individual" as set forth in Business and Professions Code section 809.6. The complaint admitted that the Notice of Summary Suspension" references a case in which Mir attended the patient while Mir was being proctored by two other physicians and states that the patient was discharged "alive and well." He claimed that the proctoring reports do not support his suspension. The complaint also alleges that the suspension is causing Mir irreparable harm, that Pomona Hospital's peer review is in bad faith, and that he should not be required to exhaust his administrative remedies.
In his second cause of action, Mir alleged that Pomona Hospital has denied him fair procedure because Pomona Hospital refused to provide reasons for the suspension of his vascular surgery privileges, thus impairing his ability to prepare for an interview with the Medical Staff Executive Committee, as allowed by the Medical Staff bylaws. He claimed that he has therefore exhausted his administrative remedies.
In his third cause of action, Mir alleged that, while proceedings were
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